Last Updated on October 20, 2025 by tanya

Claim Reasonable Financial Provision Under the Inheritance Act

 

Can You Claim if a Will Didn’t Provide For You?

If you were financially dependent on someone who has passed away and their will didn’t leave you enough, or anything at all , you may be entitled to claim reasonable financial provision under the Inheritance Act 1975. This will especially apply if you were financially dependent on the deceased.

Inheritance disputes are not uncommon and The Inheritance (Provision for Family and Dependants) Act 1975, commonly known as the Inheritance Act 1975, allows certain individuals to claim reasonable financial provision from a deceased person’s estate.

If this has happened to you, we work with lawyers who are highly experienced in Inheritance Act claims and contentious probate matters.

 

What is “Reasonable Financial Provision” Under the Inheritance Act 1975?

Reasonable financial provision refers to a fair amount of financial support that should be made for eligible individuals from the deceased’s estate, either under a will or if there was no will at all (intestacy).

Under the 1975 Act, eligible applicants may be entitled to financial support if the will fails to provide for them appropriately.

 

Who Can Make a Claim Under the Inheritance Act 1975?

You can apply for reasonable financial provision if you fall into one of the following categories:

 

1. Spouse or civil partner of the deceased.
2. Former spouse or civil partner who hasn’t remarried.
3. Cohabitant who lived with the deceased for at least two years before death.
4. Child of the deceased (including adult children).
5. Person treated as a child by the deceased (e.g., stepchildren).
6. Anyone financially maintained by the deceased.

 

Time Limit: When Must You Make a Claim?

You must bring a claim within 6 months of the grant of probate (or letters of administration). So acting quickly is essential as this time limit is strictly enforced, and late applications will only be allowed in exceptional circumstances.

If you’re unsure when probate was granted, you can check with the Probate Registry or seek legal advice.

 

How to Make a Claim: Step-by-Step Guide

Here’s a simplified checklist to help guide you through the claim process:

✅ Inheritance Act 1975 Claim Checklist

 

1. Confirm eligibility –  Identify your relationship to the deceased and ensure you fall into one of the eligible categories.
2. Obtain probate information –  Check if probate has been granted and determine your claim deadline.
3. Seek legal advice early –  Speak to our solicitor specialising in contentious probate.
4. Assess the estate –  Understand the value and assets of the estate, including liabilities.
5. Consider negotiation first –  In many cases, disputes can be resolved out of court through mediation.
6. Prepare a legal claim –  Your solicitor will help you to file your claim in the appropriate court within 6 months of probate.
7. Gather evidence –  Provide proof of financial needs, lifestyle, and support previously provided by the deceased.
8. Await court judgment or settlement –  If unresolved, the court will determine what is “reasonable financial provision”.

 

 FAQs On Making an Inheritance Act Claim

Q Can adult children claim under the Inheritance Act 1975?

Yes. Adult children are eligible to claim if they can show financial need and that the will or intestacy failed to provide reasonable support.

 

Q Does a cohabitee have the same rights as a spouse?

Not exactly. While cohabitees can claim under the Act, the standard for “reasonable provision” differs from that of a spouse. A cohabitee must show financial dependency or a long-term relationship akin to marriage.

 

Q Can you challenge a will just because it seems unfair?

No. Claims under the Inheritance Act are not about fairness, but about need and financial dependency. Simply being left out of a will isn’t enough to make an Inheritance Act claim.

 

Q What happens if the estate has already been distributed?

It can complicate matters, but the court can still order financial provision from the beneficiaries or remaining assets if the claim is within the 6-month deadline.

 

Legal Criteria: What Does the Court Consider?

When assessing a claim, the court will evaluate:

 

• The applicant’s financial needs and resources
• The financial needs and resources of other beneficiaries
• The size and nature of the estate
• Any obligations or responsibilities the deceased had towards the applicant
• Any physical or mental disability of the applicant
• Any other relevant facts or circumstances, including conduct

 

The aim is to balance the competing interests of the applicant and the beneficiaries while respecting the deceased’s wishes.

 

Practical Tips for Inheritance Act Claimants

• Act quickly. Time is of the essence—don’t delay seeking legal advice.
• Gather documentation. Bank statements, evidence of dependency, and prior gifts or promises are helpful.
• Be realistic. Claims should be based on need, not expectations or emotions.
• Communicate. Consider open dialogue with executors or beneficiaries before launching formal proceedings.

 

Case Study: Successful Claim by a Long-Term Partner

Consider the real-world example of a woman who lived with her partner for 12 years before his sudden death. Despite not being married, she was financially dependent on him. The will left everything to his adult children.

The court ruled in her favour, granting her a share of the estate based on her needs and long-term relationship with the deceased. This case highlights how the Inheritance Act protects those who might otherwise be excluded.

 

Common Pitfalls to Avoid

• Missing the 6-month deadline
• Assuming fairness equals entitlement
• Failing to assess the estate accurately
• Going to court without exploring alternatives

 

Contact Us

The Inheritance Act 1975 provides a legal safety net for those left out of a will or inadequately provided for. Seeking legal advice early, preparing your case thoroughly, and considering alternative dispute resolution can significantly improve your chances.

Our team at First Personal Injury works with probate lawyers who can guide you through the process to get the help you need at this difficult time.

They also offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Call us at 0333 358 2345 or contact us online and we’ll call you back.